CommentsLon L. Fuller: Private Ordering and Mediation

2021 ◽  
pp. 107-110
Author(s):  
Art Hinshaw
Keyword(s):  
Twentieth Century ◽  
Dispute Resolution ◽  
Natural Law ◽  
Negotiation Process ◽  
Legal Analysis ◽  
Joint Opening ◽  
Social Ordering ◽  
History Of ◽  
Internal Morality ◽  
Opening Session

One of the first major law review articles on mediation, published in 1971, Lon L. Fuller’s Mediation—Its Forms and Functions, is an important piece of dispute resolution scholarship for several reasons. While this commentary focuses upon the article’s discussion of private social ordering, Fuller’s discussion foreshadows three major dispute resolution developments. In his discussion of the negotiation process, Fuller reveals a remarkable understanding of negotiation as he explains the difficulty of timing the disclosure of information and the gains of reciprocity. Today we view this in terms of the Negotiator’s Dilemma—which Lax and Sebenius famously wrote about fifteen years later. Similarly, his discussion of mediation as a means of assisting with the dissolution of marriage presages the first use of mediation in child-custody disputes by approximately ten years. Finally, he even hints at the demise of the joint opening session in mediation when he describes the opening sessions of collective bargaining, with or without a mediator’s assistance, as serving “only a ceremonial and ritualistic purpose” (p. 322). If that’s all it’s for, why not get rid of it? As interesting as it is to find the hints of these developments, a much more integral factor in the article’s importance is Fuller’s stature as one of the preeminent legal theorists of the twentieth century. According to his biographer, Fuller was “one of the four most important American legal theorists of the last hundred years” (Summers, p. 1) and “the greatest proceduralist in the in the history of legal history” (Summers, p. 151). His jurisprudence, which formed the basis of mid-twentieth-century secular natural law, argued that the purposes of law, the internal reasoning within law, and law’s internal morality must be considered when one is engaged in legal analysis. Not only did these notions become central to “thinking like a lawyer” (Powers, p. 221), they also were to be applied to legal processes, including mediation, not solely to abstract notions of law....

Riccardo Saccenti, Debating Medieval Natural Law: A Survey. Notre Dame, IN: University of Notre Dame Press, 2016, XIII, pp. 155.

Mediaevistik ◽  
2018 ◽  
Vol 31 (1) ◽  
pp. 318-320
Author(s):  
Scott L. Taylor
Keyword(s):  
Twentieth Century ◽  
Natural Law ◽  
Natural Rights ◽  
Legal Positivism ◽  
Great Chain Of Being ◽  
History Of ◽  
History Of Concepts ◽  
Hans Kelsen ◽  
University Of Notre Dame ◽  
Conceptual Shift

Saccenti’s volume belongs to the category of Begriffsgeschichte, the history of concepts, and more particularly to the debate over the existence or nonexistence of a conceptual shift in ius naturale to encompass a subjective notion of natural rights. The author argues that this issue became particularly relevant in mid-twentieth century, first, because of the desire to delimit the totalitarian implications of legal positivism chez Hans Kelsen; second, in response to Lovejoy’s The Great Chain of Being and its progeny; and third, as a result of a revival of neo-Thomistic and neo-scholastic perspectives sometimes labelled “une nouvelle chrétienté.”

Christian Ethics and Natural Law

1967 ◽  
Vol 3 (1) ◽  
pp. 301-311
Author(s):  
John R. Carnes
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Life History ◽  
Great Risk ◽  
Natural Law ◽  
Christian Ethics ◽  
Philosophical Theory ◽  
Moral Philosopher ◽  
History Of

The life history of certain philosophical and theological terms and concepts constitutes in itself an interesting matter for consideration and reflection. None is more interesting than that of natural law. Many studies have traced the development of natural law philosophy from its early precursors among the Pre-Socratics through Plato and Aristotle, the Stoics, St Thomas, and the early British empiricists; have noted its demise in the nineteenth century, largely as a result of the criticism of Hume; and have observed its renaissance in the twentieth century. Despite this undeniable revival of interest in the theory (if, indeed it can be called a theory, given the wide diversity of philosophers who have identified themselves with it) in the present century, a moral philosopher uses the term only at great risk, for no philosophical theory has been so vigorously attacked and so thoroughly ‘refuted’ as natural law.

Anthology of Russian natural legal thought. vol. 3. The Russian natural legal thought in the first half of the twentieth century

2017 ◽  
Author(s):  
Александр Чернявский ◽  
Alyeksandr CHyernyavskiy ◽  
Александр Куницын ◽  
Aleksandr Kunicyn ◽  
Андрей Воронцов ◽  
...  
Keyword(s):  
Twentieth Century ◽  
Civil War ◽  
Graduate Students ◽  
Natural Law ◽  
University Professors ◽  
The Third ◽  
Legal Thought ◽  
Legal Science ◽  
History Of ◽  
The Revolution

In the third volume of the anthology contains the proposed evaluation of philosophical and legal views, but also presented entirely or in fragments of works by outstanding Russian scholars I. A. Pokrovsky, I. V. Michael, P. G. Vinogradov, F. V. Taran, A. S. Yashchenko, written or published in the first quarter of the twentieth century. Their authors belong to a generation of proponents of natural law in Russia who had to experience all the hardships of the revolution, the civil war and long years of exile. Many of them did not have a chance to once again see their Homeland, but they were not broken in spirit, remained patriots showed exceptional creativity, their works has greatly enriched the Russian natural legal thought and made a worthy contribution to the Golden Fund of Russian legal science. Their names for many years was unjustly put to almost complete oblivion, and works properly is still not understood and not appreciated. The present publication is intended to promote the "return" to their names. The edition is addressed to students, graduate students, University professors and anyone interested in the history of Russian legal thought.

Hard Objects in George Oppen's Discrete Series

2018 ◽  
Vol 13 (4) ◽  
pp. 496-517
Author(s):  
Ned Hercock
Keyword(s):  
Twentieth Century ◽  
Ludwig Wittgenstein ◽  
Discrete Series ◽  
Human Experience ◽  
John Ruskin ◽  
Gerard Manley Hopkins ◽  
Marcel Duchamp ◽  
The World ◽  
Production History ◽  
History Of

This essay examines the objects in George Oppen's Discrete Series (1934). It considers their primary property to be their hardness – many of them have distinctively uniform and impenetrable surfaces. This hardness and uniformity is contrasted with 19th century organicism (Gerard Manley Hopkins and John Ruskin). Taking my cue from Kirsten Blythe Painter I show how in their work with hard objects these poems participate within a wider cultural and philosophical turn towards hardness in the early twentieth century (Marcel Duchamp, Adolf Loos, Ludwig Wittgenstein and others). I describe the thinking these poems do with regard to industrialization and to human experience of a resolutely object world – I argue that the presentation of these objects bears witness to the production history of the type of objects which in this era are becoming preponderant in parts of the world. Finally, I suggest that the objects’ impenetrability offers a kind of anti-aesthetic relief: perception without conception. If ‘philosophy recognizes the Concept in everything’ it is still possible, these poems show, to experience resistance to this imperious process of conceptualization. Within thinking objects (poems) these are objects which do not think.

Review: Urban Latino Cultures: La Vida Latina en LA by Gustavo Leclerc, Raúl Villa, and Michael J. Dear (eds.)

1999 ◽  
Vol 22 (1) ◽  
pp. 126-128
Author(s):  
Catherine S. Ramirez
Keyword(s):  
Twentieth Century ◽  
Los Angeles ◽  
Mexican American ◽  
History Of ◽  
Crime Wave ◽  
Eighteenth And Nineteenth Centuries ◽  
The City ◽  
History Of Los Angeles

Throughout the twentieth century (and now the twenty-first), the specter of a Latina/o past, present, and future has haunted the myth of Los Angeles as a sunny, bucolic paradise. At the same time it has loomed behind narratives of the city as a dystopic, urban nightmare. In the 1940s Carey McWilliams pointed to the fabrication of a “Spanish fantasy heritage” that made Los Angeles the bygone home of fair señoritas, genteel caballeros and benevolent mission padres. Meanwhile, the dominant Angeleno press invented a “zoot” (read Mexican-American) crime wave. Unlike the aristocratic, European Californias/os of lore, the Mexican/American “gangsters” of the 1940s were described as racial mongrels. What's more, the newspapers explicitly identified them as the sons and daughters of immigrants-thus eliding any link they may have had to the Californias/os of the eighteenth and nineteenth centuries or to the history of Los Angeles in general.

Queering Musical Biography in the Writings of Edward Prime-Stevenson and Rosa Newmarch

2020 ◽  
Vol 44 (2) ◽  
pp. 100-118
Author(s):  
Kristin M. Franseen
Keyword(s):  
Twentieth Century ◽  
Instrumental Music ◽  
Primary Source ◽  
Gender And Sexuality ◽  
Benjamin Britten ◽  
Twentieth Century Music ◽  
History Of ◽  
Music Research ◽  
Symphonic Music ◽  
Biographical Knowledge

Beginning with the “open secret” of Benjamin Britten and Peter Pears's relationship and continuing through debates over Handel's and Schubert's sexuality and analyses of Ethel Smyth's memoirs, biography has played a central role in the development of queer musicology. At the same time, life-writing's focus on extramusical details and engagement with difficult-to-substantiate anecdotes and rumors often seem suspect to scholars. In the case of early-twentieth-century music research, however, these very gaps and ambiguities paradoxically offered some authors and readers at the time rare spaces for approaching questions of sexuality in music. Issues of subjectivity in instrumental music aligned well with rumors about autobiographical confession within Tchaikovsky's Symphony No. 6 (Pathétique) for those who knew how to listen and read between the lines. This article considers the different ways in which the framing of biographical anecdotes and gossip in scholarship by music critic-turned-amateur sexologist Edward Prime-Stevenson and Tchaikovsky scholar Rosa Newmarch allowed for queer readings of symphonic music. It evaluates Prime-Stevenson's discussions of musical biography and interpretation in The Intersexes (1908/9) and Newmarch's Tchaikovsky: His Life and Works (1900), translation of Modest Tchaikovsky's biography, and article on the composer in Grove's Dictionary of Music and Musicians to explore how they addressed potentially taboo topics, engaged with formal and informal sources of biographical knowledge (including one another's work), and found their scholarly voices in the absence of academic frameworks for addressing gender and sexuality. While their overt goals were quite different—Newmarch sought to dismiss “sensationalist” rumors about Tchaikovsky's death for a broad readership, while Prime-Stevenson used queer musical gossip as a primary source in his self-published history of homosexuality—both grappled with questions of what can and cannot be read into a composer's life and works and how to relate to possible queer meanings in symphonic music. The very aspects of biography that place it in a precarious position as scholarship ultimately reveal a great deal about the history of musicology and those who write it.

“The History of Scottish Theology, Volume 3: The Long Twentieth Century” edited by David Fergusson and Mark W. Elliott

2020 ◽  
Vol 27 (2) ◽  
pp. 75-77
Author(s):  
Philip D. Foster
Keyword(s):  
Twentieth Century ◽  
History Of

Review of David Fergusson and Mark W. Elliot, eds., The History of Scottish Theology, Volume 3: The Long Twentieth Century (Oxford: OUP, 2019), pp. xii+373, ISBN 978-0198759355. £95.00

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